Thank you for all the wonderful helpful posts - Can I please confirm - I am a canadian citizen, my partner is a UK citizen and we resided together in the UK for the past 2 years. I have now returned to Canada, working, living and my partner can come on his visitor visa (I understand it's 6 months he can stay and then would need to apply to extend while the process is in place?) The unique situation is he works abroad and is away 9 weeks at a time, when he is on leave he comes here to Canada for his four week leave then has to return abroad again. We have his company tickets showing the arrival/departure and his visitor visa etc. but his job will be ceasing and he will need to apply for open work permit which I see I can also do when submitting the sponsor visa application. I put him on the rental lease effective January and we have documentation showing we resided together, etc. but where do I send the two applications and can his signature be scanned? He is only here every 9 weeks which will delay the submission but if I can get him to sign and scan back the pages required this would expedite the process. Alternatively if/when he ceases his work abroad, can he look for work while the two applications are in process and would he need to request an extension of his visitor visa in the meantime? Sorry it's confusing - he doesn't have a residence address in the UK and considers our address his residence (obviously as a visitor) Appreciate any and all advice!
Sponsoring Common Law Partner on a Visitor Visa
- Thread starter Lorrainea0625
- Start date
That work schedule will provide a significant barrier to an inland application (which would get an open work permit) since you're supposed to stay in Canada. Leaving Canada for 9 weeks at a time runs the risk of an inland application being refused, much less getting an OWP.
There's a bigger issue though. When you lived in the UK did he have the same travel schedule - away from you 9 weeks at a time? If so, you can expect significant challenges to common-law status. You may want to consider getting married.
There's a bigger issue though. When you lived in the UK did he have the same travel schedule - away from you 9 weeks at a time? If so, you can expect significant challenges to common-law status. You may want to consider getting married.
Only inland spousal sponsorship comes with an open work permit. Outland does not. You do not qualify to apply inland at this time if your partner is leaving Canada for 9 weeks at a time to work. Applying inland requires that you cohabitate in Canada without any significant breaks. Nine weeks is too long a break.
You have two options. Apply outland now - there will be no work permit available. Wait until his job ends and he's able to remain in Canada - then apply inland with the work permit.
Thank you very much! This has made things clearer - we have been engaged for the past 3 years and we planned to get married when he returns in June but I think we should get the marriage service done when he returns in March to Canada! Once that has been done, how and with what should I apply for him to obtain permanent residency and an open work permit?
When he returns in March, is he staying for good, or continuing the 9-week away rotation?
If he's continuing the 9-week away rotation, you can't apply inland with the OWP as he'll be refused.
If he's staying for good (or as long as he's allowed) you apply for the spousal in-Canada class application, and include an open work permit application. It's in the guide as to how you do this. You need a marriage certificate and a lot of supporting documentation, and it can take 3-4 months for the open work permit to be issued.
I think we decided he will stay on his visitor visa as long as he can - six months (and request an extension for up to a year?) and decide not to go back if it means we can get the application submitted quicker. That's very helpful thank you - I will now make arrangements for us to get a city hall marriage license done as soon as he gets here. I know you likely can't tell - but if the spousal In Canada class application and open work permit application is submitted, can it be the work permit could be issued prior to the application being approved?
The work permit is generally issued prior to the sponsorship application. It takes 3-4 months for the work permit and roughly 12 months for the sponsorship.
Be aware that leaving Canada for anything much longer that 1-3 weeks could result in the refusal of the application once it's submitted.
Thank you very much for this important information. if his work permit is granted in the 3-4 month period, is it safe to say he can apply to extend his visitor visa while he looks for work and while the sponsorship is being processed?
With a work permit, provided he's not leaving the country, he doesn't need to extend his visitor's status. The permit gives him status in Canada.
He does need to have a valid status for the permit to be issued, and in case the application is returned.
He does need to have a valid status for the permit to be issued, and in case the application is returned.
That's great, thanks for your time and knowledge! very helpful. Saved me lots of time applying to/with the wrong process.
Would also add that if you have not received the AOR for some reason within the 6 months it is pretty easy to extend his visitor status if you say you have already initiated the sponsorship process. Even approved if you say you are trying to live together for 1 year to become common law.